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FMCSA proposes to mandate that states adopt DataQs reforms
Among a package of “pro trucker” actions announced by DOT Secretary Sean Duffy on June 27, FMCSA is proposing revisions to the Motor Carrier Safety Assistance Program (MCSAP) aimed at ensuring that states provide due process for users of the DataQs system. In a Federal Register notice, the agency said the requirements “aim to improve the impartiality, timeliness, transparency, and fundamental fairness” of the process for handling requests for data review (RDRs). The proposed requirements would apply only to RDRs regarding state-owned data and would not apply to federally owned data.
FMCSA proposes that states adopt a multi-level review process for RDRs, escalating the review from DataQs analysts in state MCSAP lead agencies to responsible decision-makers or panels of subject matter experts. Each RDR would be evaluated based on the documentation and evidence provided by the submitter of the RDR, along with any state documents or evidence. Each state would be required to submit a DataQs Regulation and Enforcement Regulatory and Legislative Update – July 2025 2 Implementation Plan to FMCSA detailing how it will meet FMCSA’s requirements for each stage of the RDR review process. Among other things, states must establish points of contact for crash and inspection RDRs. They also must accept and conduct “a good faith review” of all inspection-related RDRs that are submitted within three years from the date of inspection or five years from the date of a crash.
The Federal Register notice outlines more detailed requirements that state implementation must meet. Comments are due September 2. For details of FMCSA’s proposed requirements to be met by states, see the Federal Register notice at https://www.federalregister.gov/d/2025-12059.
DOT to audit states’ management of non-domicile CDLs
DOT Secretary Sean Duffy announced on June 27 that the department is launching a nationwide audit into state practices in issuing non-domicile commercial driver’s licenses (CDLs) with a focus on ensuring that individuals obtaining CDLs are qualified and properly documented and that federal standards are being met across the U.S. In the same April 28 executive order demanding that failure to demonstrate adequate English language skills be restored to an out-of-service violation, President Trump directed DOT and the Federal Motor Carrier Safety Administration (FMCSA) to review non-domicile CDLs “to identify any unusual patterns or numbers or other irregularities.” The executive order further directed DOT and FMCSA to “evaluate and take appropriate actions to improve the effectiveness of current protocols for verifying the authenticity of both domestic and international commercial driving credentials.”
The ultimate objective of the audit is unclear. It is conceivable that DOT could determine that states are not able to ensure the validity of driver credentials for non-domicile CDLs, potentially resulting in regulatory or legislative action to bar the practice.
FMCSA and NHTSA withdraw joint rulemaking on speed limiters
Nearly a month after DOT Secretary Sean Duffy announced the department’s intent to do so, FMCSA and the National Highway Traffic Safety Administration formally withdrew their joint rulemaking published in September 2016 to require speed limiting devices on vehicles with gross vehicle weight ratings of more than 26,000 pounds. The action also withdraws an advance notice of supplemental rulemaking on the issue that FMCSA had published in May 2022.
In a Federal Register notice, NHTSA and FMCSA said that they “have determined that the 2016 NPRM lacks a sufficiently clear and compelling safety justification for its implementation and raises significant concerns regarding federalism.” The notice further states that the agencies’ “research and analyses contained significant data gaps regarding potential safety benefits and economic impacts, and information obtained through the public comment process did not provide the information necessary to proceed to a final rule.” For the Federal Register notice, visit https://www.federalregister.gov/d/2025-13928.
‘Pro trucker’ initiatives to include HOS pilot programs, double-brokering focus
In addition to regulatory items announced June 27, FMCSA announced other policies and initiatives it termed as being “pro-trucker.” For example, the FMCSA committed that it would not extend the electronic logging device (ELD) mandate to pre-2000 model year trucks, although it’s not clear that any effort to do so was likely anyway. The agency also said it was renewing its focus on combating unlawful double brokering, although it did not elaborate on what that would involve. However, the agency did say that it would release a modernized National Consumer Complaint Database (NCCDB) update by the end of September and that it would expand NCCDB complaint categories to include property brokers.
DOT and FMCSA also announced plans to conduct two new pilot programs to test changes in the hours-of-service regulations. One will allow drivers to split their 10-hour off-duty period into more flexible combinations. The other pilot program will allow drivers to pause their 14-hour on-duty periods for up to three 3 hours a day. FMCSA had announced plans for the 14-hour pause pilot program in the latter months of the first Trump administration, but the idea was not continued into the Biden administration.
FMCSA grants temporary waiver, guidance on electronic medical certification
States were required in June to integrate medical examiner certification electronically into the commercial driver’s licensing process, but FMCSA has issued a temporary waiver allowing CDL holders and carriers to continue to rely on paper copies for up to 15 days after the certificate is issued. The waiver is in effect until October 12. The agency said it recognizes that some drivers may face delays as certified medical examiners and state driver’s licensing agencies transition from the paper-based process. For more information on the rule, visit https://nationalregistry.fmcsa.dot.gov/nriilearning-center.
In announcing the rule’s implementation on June 23, FMCSA noted that 37 states were fully compliant with the new regulation. On July 7, the agency issued guidance for medical examiners, drivers, and motor carriers in states where the integration rule has not been fully implemented. For that guidance, visit https://www.fmcsa.dot.gov/guidance.
Propane group seeks winter-time HOS exemption
FMCSA requests public comment by August 15 on an application submitted by the National Propane Gas Association (NPGA) for an exemption from various hours-of-service (HOS) requirements between December 15 and March 15 each year to enable the propane industry to better prepare and respond to emergencies threatening human health and safety during the winter. The association requests an exemption to allow drivers to drive up to 12 hours per day and be on duty up to 15 hours per day, without weekly limits, and to replace the 34-hour restart with a 24-hour restart with prior notice by NPGA to FMCSA.
The original deadline for comments was July 31, but FMCSA extended the deadline 15 days following a request from the New York Department of Transportation, which had sought an extension until August 29. For the Federal Register notice, visit https://www.federalregister.gov/d/2025-12204.
Carrier wants to use alternatives to driver application requirements
FMCSA requests public comment by July 31 on an application submitted by CloudTrucks, LLC for an exemption from certain requirements of the application for employment regulations. Specifically, CloudTrucks seeks an exemption from the requirement to collect the following information from prospective drivers: (1) list of employers’ names and addresses; (2) dates of employment; (3) reason for leaving; (4) nature of the position the driver held, and (5) if the driver was subject to the alcohol and controlled substances testing requirements.
Instead, CloudTrucks proposes using its own verification process that consists of cross-referencing national databases to include HireRight’s Drive-A-Check (DAC) report, FMCSA’s Drug and Alcohol Clearinghouse (DACH), Pre-employment Screening Program (PSP), and the Commercial Driver’s License Information System (CDLIS). For the Federal Register notice, visit https://www.federalregister.gov/d/2025-12205.
FMCSA seeks comments on renewal of intermodal inspection exemption
FMCSA requests public comment by July 31 on an application from the Intermodal Association of North America to renew its exemption allowing individuals who complete a training program consistent with IANA’s Intermodal Recommended Practices to be considered qualified inspectors for the purposes of the periodic inspection rule or qualified brake inspectors for under the brake system inspection repair and maintenance requirements. For the Federal Reister notice, visit https://www.federalregister.gov/d/2025-12203.
FMCSA grants transit group partial relief on CDL skills test
FMCSA has granted in part but denied in part an application from the American Public Transportation Association (APTA) for an exemption on behalf of public transit agencies and their contractors related to the Regulatory and Legislative Update – July 2025 4 commercial driver’s license (CDL) skills test. Specifically, FMCSA is allowing state driver licensing agencies the option to waive the “under-the-hood” portion of the pre-trip vehicle inspection skills test under the condition that drivers issued CDLs are restricted to intrastate operation of transit buses. FMCSA rejected APTA’s application request to allow drivers issued a CDL under the exemption to operate in interstate commerce. For the Federal Register notice, visit https://www.federalregister.gov/d/2025-13283.
Budget reconciliation bill enacted without carrier selection language
The House of Representatives on July 3 passed the Senate-passed version of the budget reconciliation bill (H.R. 1), giving final passage to a version of the legislation that did not include the House provision that would have granted a safe harbor for brokers and forwarders in selecting motor carriers. President Trump signed the legislation – commonly known as the “One Big, Beautiful Bill” – on July 4.
It is unclear whether a more normal legislative process would have resulted in the adoption of the safe harbor language. Trump pushed lawmakers to pass the final version by the Fourth of July, so rather than having the traditional negotiation between key House and Senate leaders, the only practical option available was for the House to pass the Senate version of the bill, which did not include the provision. For more information on H.R. 1, visit https://www.congress.gov/bill/119th-congress/house-bill/1.
Senate committee to vote July 30 on FMCSA administrator nomination
The Senate Commerce Committee plans to vote July 30 on the nomination of Derek Barrs to be FMCSA administrator. Barrs is a former Florida Highway Patrol chief who most recently worked for the infrastructure development firm HNTB. He had served in various leadership roles within the Florida Department of Highway Safety and Motor Vehicles from 2001 to 2020. He also has served on the American Trucking Associations’ Law Enforcement Advisory Board and previously served as the Florida Highway Patrol’s lead representative to the Commercial Vehicle Safety Alliance.
The committee held a July 16 hearing regarding the nomination of Barr as well as individuals nominated to be administrators of the National Highway Traffic Safety Administration and the Pipeline and Hazardous Materials Safety Administration. To view a recording of the hearing, visit https://www.commerce.senate.gov/hearings.
Bill would count hair testing results as ‘actual knowledge’ of drug use
Rep. Rick Crawford (R-Arkansas), a senior member of the House Transportation & Infrastructure Committee, introduced legislation (H.R. 4320) that would require FMCSA to add positive hair drug testing results to its current definition of an employer’s “actual knowledge” of a truck driver’s drug use. Although the 2015 law known as the FAST Act recognized hair testing as an acceptable alternative to urine testing for purposes of pre employment testing of drivers, the Department of Health and Human Services still has not met its statutory obligation to issue the necessary regulations.
Under the bill, a positive result from hair testing would be recorded in the drug and alcohol clearinghouse as actual knowledge. For more on H.R. 4320, visit https://www.congress.gov/bill/119th-congress/house-bill/4320.
Bill would preempt state regulation of autonomous trucking
Rep. Vince Fong (R-California) introduced legislation (H.R. 4661) that would preempt state laws requiring a human occupant in an automated driving systems (ADS)-equipped commercial motor vehicle. The bill would Legislation Regulatory and Legislative Update – July 2025 5 mandate a federal framework for Level 4 or 5 automation and authorize interstate testing and operation of fully automated trucks without human or remote drivers onboard.
The legislation also would codify FMCSA’s 2018 interpretation that federal safety regulations don’t require a human driver. It would direct FMCSA to update rules by 2027 for ADS-equipped vehicles that would exempt fully autonomous trucks from human-specific requirements, such as hours of service and drug testing, for example. H.R. 4661 also would codify that a flashing, cab-mounted warning beacon may be used instead of warning triangles for disabled commercial vehicles, aligning with a 2023 FMCSA exemption request. For more on H.R. 4661, visit https://www.congress.gov/bill/119th-congress/house-bill/4661.
Sixth Circuit allows negligent selection claim to proceed against TQL
A second federal appeals court has ruled that the Federal Aviation Administration Authorization Act (FAAAA) does not preempt a negligent selection claim against a freight broker. On July 8, the U.S. Court of Appeals for the Sixth Circuit ruled that a claim that Total Quality Logistics ignored a carrier’s poor safety record rests on a theory of liability that “comports with the FAAAA’s recognition that motor vehicles are core to the services provided by brokers, as well as the basic reality that brokers are ultimately responsible for placing such motor vehicles on the road, even if those motor vehicles are driven and owned by a different entity.” The ruling sends the case back to the U.S. district court, which had ruled that the claim against TQL was preempted by FAAAA. For the court’s opinion, visit https://www.opn.ca6.uscourts.gov/opinions.pdf/25a0177p-06.pdf.
The latest ruling means that four federal appeals courts have ruled on the question of whether FAAAA’s exception allowing states to regulate the safety of motor vehicles applies to brokers that – unlike motor carriers – do not operate vehicles. The U.S. Court of Appeals for the Ninth Circuit also ruled in 2020 that such claims are not preempted, but since then two other federal appeals courts – the Eleventh Circuit and Seventh Circuit – have ruled that because brokers do not operate vehicles, plaintiffs cannot rely on FAAAA’s safety exception. The U.S. Supreme Court previously declined to review the Ninth Circuit’s ruling, but a clear split among courts might lead the court eventually to consider the scope of FAAA preemption.
